27 Jul 2023

I am applying for the new Canadian work visa program designed for H1B workers. If I participate in the program, can I later return in H1B status?

Answer Participating in the Canadian work visa program normally would have no impact on one's ability to return in H1B status. It essentially would be treated no differently than if the individual had returned temporarily to their home country. (27.Jul.2023)Sheela Murthy and other senior attorneys provide...

20 Jul 2023

How long is the USCIS taking to adjudicate EAD applications?

AnswerThe USCIS has an online tool available that provides average processing time information for most types of applications and petitions. (20.Jul.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

13 Jul 2023

Last year, I was laid off by my H1B employer, so I returned to my home country. The employer withdrew my H1B petition and, on the USICS website, it shows that my petition has been revoked. I recently got a job offer and the H1B petition was approved. Can I enter using my existing visa stamp?

Answer Typically, if an H1B visa "stamp" is facially valid / unexpired, it can be used, along with an approved H1B petition, to request admission in H1B status. The fact that the previous petition has been withdrawn by your prior employer normally would have no impact...

06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...